
Participants in the procedure and evidence in the civil judicial proceedings
Author(s) -
Oleksandra Nestertsova-Sobakar
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-2-36-41
Subject(s) - lithuanian , law , statute , political science , ukrainian , guardian , institution , politics , legal guardian , civil law (civil law) , sociology , public law , philosophy , linguistics
The study deals with the peculiarities of the status of participants in civil proceedings in the Ukrainian Cossack state, as well as the main groups of evidence used in Ukrainian courts in accordance with contemporary sources of law, which contained procedural rules and were used by courts. It is noted that due to the historical political situation in the Hetmanate, sources of Polish and Lithuanian law (for example, Lithuanian statutes), hetman's powers, Russian law were used on its lands, and traditionally for a long time customary law, Cossack customary law. Characteristic features of the civil process, which began orally or in writing, were considered. The parties could be men from 18 and women from 14. In the Hetmanate there was an institution of representation of the party as a defender and lawyer, as well as parents or relatives. It is stated that procedural legal capacity did not extend to slaves, persons deprived of honor, excommunicated, exiles, and procedural legal capacity was not possessed by children, mentally ill, deaf or dumb, women who did not have a husband or guardian, and minors (men up to 18 years and women up to 14 years). The norms of the Lithuanian Statute of 1588 concerning the status of the party's representative, his role in the process, the grounds on which a person could not become a party's representative (court employee, clergyman's representative) are revealed. The main groups of evidence are covered, namely the personal testimony of the parties (in which the testimony of a person who had a higher legal status than the other party in court was considered more reliable), the testimony of witnesses, the conditions under which a person cannot be a witness, categories of witnesses ordinary and official), features of the use of religious oath as evidence, the involvement of written documents.